Chairperson, hon members, it gives me great pleasure as the Chairperson of the Select Committee on Labour and Public Enterprises to finalise the Broadcasting Amendment Bill.
During the 2007 National Conference of the African National Congress in Polokwane, we reiterated our commitment to a public broadcaster that will play a critical role in shaping opinions of our nation and that the South African Broadcasting Corporation, SABC, should remain an important role- player in the national democratic revolution. The current amendments were as a result of the emergency at the South African Broadcasting Corporation that manifested in a number of ways.
This culminated in the summoning of the SABC board to appear before Parliament. Subsequent to these developments, an urgent legislative proposal to amend section 15 of the Broadcasting Act, Act 4 of 1999, was filed, so as to align the process for the dismissal of the board members with the Rules of the National Assembly. The amendment would mean that if, at any given time, it was felt that the SABC board was underperforming, a vote of no confidence in the board could then be passed by the House.
In terms of the Broadcasting Act, as it currently stands, members of the SABC board are appointed by the President on the recommendations of the National Assembly and hold office for a term of five years. The Act only provides for the removal of individual members of the board upon the recommendation of the board itself.
There is no mechanism provided in the Act for the resignation of or removal of a board member who does not perform his or her obligation in terms of the Act or for the dissolution of the entire board. The Bill seeks to address the gaps identified in the Act.
The Select Committee on Labour and Public Enterprises has considered and adopted the Bill with certain amendments. The committee rejects the amended definition of the appointing body and subsequent clauses that refer to the appointing body. The committee feels that the powers of the President to make appointments are derived from the tenet of separation of powers between the executive and the legislature. The committee proposes that a quorum for any meeting of the interim board be six members.
With the inclusion, and acceptance, of new amendments, the board would ideally function normally and democratically. However, the Democratic Alliance expressed reservations about the Bill, but we didn't get any explanation. I, therefore, put the Bill before the House for adoption. I thank you, Chair.
Debate concluded.
Hon members, that concludes the debate. I shall now put the question. The question is that the Bill, subject to the proposed amendments, be agreed to. In accordance with Rule 63, I shall first allow political parties to make their declarations of vote, if they so wish.
Declaration of vote:
Chair, once again, as with the previous Bill, we had prepared a comprehensive speech because it was listed as a debate, but it was changed to a statement. In regard to that, I will just highlight one point, namely that the proposition that the entire board may need to be removed, is offensive and will be seen for what it is: an attempt to get rid of persons duly appointed prior to the installation of the board.
Order, hon member. Hon member, is it a point of order, or what?
No, I am making a statement in regard to my vote.
No, I am not talking to you. I am talking to hon Windvol. Please take your seat, hon member.
Mr V V Z WINDVO?L: Chairperson, actually I was going to ask the very same question from Mr Watson that you are asking me. Is he rising on a point of order, or what? He is not part of the speaker's list.
Hon Watson is making a declaration on behalf of his political party. Hon Watson, you may continue.
Thank you, Chair. Not all of us understand the rules. An attempt to get rid of persons duly appointed prior to the installation of the board, compliant with the new ANC rules, I said, is a bad example. The Constitutional Court has on one, or more, occasion ruled that appointment, security, and removal provisions are decisive for an independent body. Therefore, along with other points that we would have raised, the DA will oppose the Bill.
Thank you, hon member. Hon members, we shall now proceed to the voting on the question. Before I call the voting, please press button number one to confirm your presence. Yes, all of you. You are voting as political parties. There should be lights flashing. Are your lights flashing? Those in favour, please press button number four; those against, press button number two; and those who abstain, press button number three. Could you please provide the members who, for certain reasons, have not voted with the forms? If any of the members have mistakenly pressed the incorrect button, please press the correct button now. Have all members voted now? The voting is now closed.
The results are as follows: those who voted in favour, there are 29; those who voted against, there are eight; and there is one abstention. Hon members, voting is a secret ballot.
I therefore declare the Bill agreed to in terms of section 75 of the Constitution.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.